(Fa Zheng Fa [2007] No.28, August 28, 2007)
Higher People's Courts of all provinces, autonomous regions and municipalities directly under the Central Government, Military Courts of the People's Liberation Army, and Production and Construction Corps Branch of the Higher People's Court of Xinjiang Uygur Autonomous Region:
The "the Supreme People's Court's decision on further strengthening criminal trial" is hereby printed and distributed to you, please earnestly organize the study and implement it.
Attached:
The Supreme People's Court's decision on further strengthening criminal trial work
In order to further strictly implement the Criminal Law and the Criminal Procedure Law, correctly implement the Party's criminal policy, give full play to the criminal trial function of the people's courts, and provide more powerful judicial guarantee for building a harmonious socialist society and building a well-off society in an all-round way, the following decision is made in accordance with the spirit of the Fifth National Criminal Trial Work Conference and the actual criminal trial work.
First, fully understand the importance and necessity of strengthening criminal trial work.
1. Criminal trial has made an important historical contribution. Since the founding of New China, people's courts at all levels have actively carried out criminal trials, which have played an important role in various periods when the Party led the people in socialist revolution and construction. Especially since the reform and opening up, people's courts at all levels have faithfully performed their judicial duties, correctly implemented criminal laws, punished criminal offences according to law, protected innocent people from criminal investigation, implemented various measures for comprehensive management of social security, actively and steadily promoted the reform of the criminal trial system, and constantly improved the level of criminal justice, making important contributions to consolidating the people's democratic dictatorship, safeguarding national security and social stability, protecting people's lives and property from infringement, ensuring reform and opening up, and promoting economic and social development.
2. New achievements and progress have been made in criminal trials. Since the revision and implementation of the Criminal Law and the Criminal Procedure Law, people's courts at all levels have firmly established a scientific concept of criminal justice, strived to practice the theme of "justice and efficiency", fully exerted their criminal trial functions, effectively punished crimes according to law, strengthened judicial protection of human rights, ensured the correct implementation of criminal laws and policies, and significantly improved the quality and efficiency of criminal trials. Effectively strengthen supervision and guidance to promote the unification of criminal justice. We will continue to deepen the reform of criminal justice and gradually improve the criminal trial system. We have steadily promoted the professionalization of judges, and the overall quality of the criminal trial team has been significantly improved.
3. The historical experience of criminal trial work must be adhered to for a long time. Looking back on the development of criminal trial since the founding of New China, we must adhere to the following basic experiences:
-Adhere to the principles of abiding by laws, strictly enforcing laws, prosecuting offenders, handling cases according to law and safeguarding legal authority.
-We must adhere to the law of justice, not only punish crimes according to law, but also ensure that innocent people are not subject to criminal investigation, and give full play to the function of criminal trial.
-We must adhere to the guidance of Scientific Outlook on Development, base ourselves on China's national conditions, adapt to economic and social development and people's judicial needs, be good at learning from the beneficial achievements of human judicial civilization, constantly reform and innovate, and keep pace with the times.
-Insist on serving the overall situation, closely combine the implementation of criminal laws with the implementation of criminal policies, and ensure the organic unity of legal effects and social effects.
-We must uphold the leadership of the Party and ensure the socialist correct direction of criminal trial work.
4. The new situation puts forward higher requirements for criminal trial. China's socialist modernization is in a critical period, which is also a period of prominent contradictions among the people, high incidence of criminal offences and complicated struggle against the enemy. People's courts have greater responsibilities and heavier tasks in safeguarding national security and social harmony and stability. With the reform and opening up and economic development, China's democratic and legal system construction has been continuously improved, and the concept of rule of law in the whole society has been obviously enhanced, which puts forward new and higher requirements for criminal trial work to protect citizens' legitimate rights and interests and safeguard social fairness and justice.
5. Criminal trial faces good development opportunities. In the new historical period, the development of criminal trial work in people's courts has realistic favorable conditions. The Sixth Plenary Session of the 16th CPC Central Committee made the "Decision of the Central Committee on Several Major Issues in Building a Harmonious Socialist Society", put forward the objectives and tasks of perfecting socialist democracy and legal system, fully implementing the basic strategy of governing the country according to law, earnestly respecting and safeguarding people's rights and interests, and emphasized the reform of judicial system and working mechanism to build a fair, efficient and authoritative socialist judicial system. The central government has made an important decision to further strengthen the work of the people's courts and people's procuratorates, which has optimized the judicial environment and is conducive to the people's courts' independent and fair exercise of criminal jurisdiction according to law. The National People's Congress Standing Committee (NPCSC) adopted a decision on amending the Organic Law of the People's Court. Since June 65438+ 10/day, 2007, the Supreme People's Court has exercised the power to approve the death penalty, which is conducive to maintaining the unity of the legal system and providing a good opportunity for the development of criminal trial.
6 fully understand the significance of criminal trial work. Criminal trial is responsible for punishing crimes, protecting people, maintaining fairness and justice and ensuring social stability. It is an important guarantee for the stability and harmony of reform, development and plays an irreplaceable role in building a socialist country ruled by law and a socialist harmonious society. We should fully understand the great significance of strengthening criminal trial work under the new situation, earnestly enhance our sense of political responsibility and historical mission, face up to the complex situation we are facing, be brave in meeting challenges, accurately grasp historical opportunities, cheer up, forge ahead, pay close attention to the implementation of various tasks and measures, and constantly create a new situation in criminal trial work.
Two. Guiding ideology and basic requirements of criminal trial work
7. The guiding ideology of current and future criminal trials. Adhere to the guidance of Deng Xiaoping Theory and Theory of Three Represents, fully implement Scientific Outlook on Development, closely focus on the guiding principle of "just justice and serving the people wholeheartedly" and the working theme of "justice and efficiency", establish a scientific criminal justice concept, continue to deepen the reform of the criminal trial system, give full play to the criminal trial function, comprehensively understand and correctly implement the criminal policy of combining leniency with severity, punish crimes according to law, protect human rights according to law, actively participate in the comprehensive management of social security, and build a prosperous, strong, democratic, civilized and harmonious society.
8. Adhere to the criminal policy of combining leniency with severity. Temper justice with mercy is a basic criminal judicial policy of the party and the country, an important experience formed in the long-term practice of punishing crimes and maintaining stability in China, and an inheritance, development and perfection of the policy of temper justice with mercy in the new period. To correctly implement the criminal policy of combining leniency with severity, the core is to implement different treatment, and the goal is to promote social harmony and stability and safeguard the long-term stability of the country. Under the new situation, we must pay more attention to the implementation of the criminal policy of combining leniency with severity, accurately punish crimes according to the needs of maintaining social stability and the specific circumstances of crimes, so as to achieve strict and strict, moderate leniency and good results, crack down on the isolated few, save the majority through education, minimize disharmony factors and maximize harmony factors.
9. Pay equal attention to punishing crimes and protecting human rights. It is necessary to give full play to the functions of criminal trial to punish crimes, enhance people's sense of security and maintain social order and stability, and to safeguard people's legitimate rights and interests and protect human rights in accordance with the law throughout the whole process of criminal trial. Through fair and civilized handling activities, the defendant is guaranteed to exercise all litigation rights in criminal trials according to law, and to be tried legally and fairly, so as to ensure that innocent people are not investigated. Effectively protect victims' litigation rights and legitimate rights and interests, protect victims' right to compensation according to law, and do a good job in appeasing victims. Actively implement the international conventions to which China has acceded, and constantly improve the level of judicial protection of human rights.
10. Adhere to the unity of substantive justice and procedural justice. Carry out criminal trial activities in strict accordance with legal principles and procedures, accurately identify the facts of the case, and apply penalties fairly according to law. Procedural justice is the premise of realizing substantive justice, and substantive justice is the goal of procedural justice. We should regard substantive justice as the value orientation of criminal trial work, regard procedural justice as the fundamental guarantee to realize this value orientation, and adhere to the organic unity of the two.
1 1. Adhere to the priority of judicial justice and give consideration to the efficiency of criminal proceedings. In criminal trials, judicial justice must be given priority, litigation efficiency must be taken into account, and litigation efficiency must be subordinate to quality. Strictly abide by the legal provisions on the time limit for hearing cases, strive to improve the efficiency of handling cases and prevent cases from being delayed for a long time on the premise of ensuring the quality of cases.
12. Insist on independent trial according to law to ensure fair trial. Strictly implement the constitutional principle that the people's courts independently exercise judicial power according to law, and try criminal cases independently and fairly based on facts and taking the law as the criterion. Correctly understand and earnestly implement the criminal procedure principles of division of responsibilities, mutual cooperation and mutual restraint of public security organs to ensure the accurate and effective implementation of the national criminal law.
13. Adhere to the principle of "clear facts and sufficient evidence". If the defendant is found guilty, it must meet the legal proof standard with clear facts and sufficient evidence. If the facts of the crime are unclear and the evidence is insufficient, especially the key evidence affecting the conviction is doubtful, and the only conclusion of reasonable doubt cannot be ruled out, the accused crime shall not be established due to insufficient evidence, and a verdict of innocence shall be made according to law.
14. Adhere to the principle that crime and punishment are appropriate and sentencing is appropriate. The severity of punishment should be commensurate with the crimes committed by criminals and their criminal responsibilities, so that minor crimes should be given a lighter punishment, serious crimes should be given a heavier punishment, the severity should be moderate, and the punishment should be punished as a crime and should not be wasted. It is necessary to ensure that judges exercise their discretion within the scope prescribed by law, but also to sum up trial experience, improve the system and mechanism, strengthen guidance and supervision, ensure the balance of sentencing, and safeguard judicial unity.
Third, give full play to the function of criminal trial.
15. continue to severely punish serious criminal offences according to law. Always adhere to the maintenance of stability as the primary task of criminal trial work, actively participate in various special struggles, highlight the key points of attack, severely punish one or several types of criminal crimes that seriously endanger social security and seriously affect social stability in a specific period, impose heavier sentences within the range of sentencing prescribed by law, and strive to improve the efficiency of handling cases within the statutory time limit on the premise of ensuring the quality of handling cases.
16. safeguard national security and social stability. We will severely crack down on crimes that endanger national security, terrorist crimes and organized crimes of a triad nature, and severely punish crimes that seriously endanger public order, such as explosions, killings, robberies and kidnappings, so as to maintain social stability. We will severely punish drug crimes, crimes of abducting and selling women and children, organizing prostitution and other crimes, crack down on multiple property crimes such as robbery and theft, open casinos, gather people to gamble and cyber crimes in accordance with the law, maintain normal social order, and ensure people to live and work in peace and contentment.
17. safeguard national economic security and socialist market economic order. Severely punish serious crimes in the fields of finance, taxation, securities and futures, punish major accidents in production activities according to law, resolutely crack down on crimes such as manufacturing and selling fake and shoddy goods, smuggling and infringement of intellectual property rights, protect people's lives and health, and promote sustained and healthy economic development. Punish major environmental pollution, illegal mining, illegal logging, illegal occupation of agricultural land and other crimes that endanger the environment and destroy resources, and protect natural resources and the environment according to law.
18. Severely punish duty crimes such as corruption and bribery according to law. Severely punish duty crimes such as corruption, bribery and dereliction of duty, punish commercial bribery crimes according to law, implement the principle of equality before the law, accurately apply the law, and promote the fight against corruption and the building of a clean government.
19. continue to do a good job in the trial of juvenile criminal cases. For minors who constitute a crime, we should adhere to the principle of "education first, punishment second" and the policy of "education, probation and salvation", reduce or exempt punishment according to law, and promote their early return to society by applying measures such as probation, timely commutation and parole. Actively explore and improve the trial organization of juvenile criminal cases, and further improve the juvenile criminal trial system.
20 in strict accordance with the law for commutation and parole cases. Accurately grasp the conditions and standards of commutation and parole, and further improve and standardize the trial methods of commutation and parole cases. If a prisoner meets the statutory conditions for parole and post-parole supervision, parole shall be applied according to law to promote the prisoner's rehabilitation.
2 1. Adhere to the policy of "combining strike with prevention, giving priority to prevention". Adhere to the principle of combining fighting with prevention, giving priority to prevention, combining specialized groups and relying on the masses, implement various measures of comprehensive management around criminal trial activities, support and cooperate with relevant departments to carry out the construction of social security prevention and control system and the creation of grass-roots peace, and raise the work of fighting, prevention, teaching, management, construction and modernization to a new level.
22. Strengthen judicial consultation. In view of the hidden dangers and management loopholes that are easy to induce crimes found in the trial, actively put forward judicial suggestions to relevant departments and units, attach importance to feedback, pay attention to the effectiveness of suggestions, and promote relevant departments and units to improve their systems, strengthen management, and prevent and reduce crimes.
23. Strengthen publicity on the legal system of criminal trials. It is necessary to combine the adherence to the open trial system according to law with the strengthening of legal publicity and education, and pay attention to organizing the masses to attend the trial of criminal cases, especially to continue to do a good job of NPC deputies and CPPCC members to attend, accept supervision and enhance understanding. Through public trial, live trial and other forms, educate citizens to consciously abide by the law and improve the awareness of the rule of law in the whole society.
Four. Ensure the quality and efficiency of criminal trial.
24. Adhere to the basic principles of the Criminal Law and the Criminal Procedure Law. We have always adhered to the principles of a legally prescribed punishment for a crime, adaptation of guilt and punishment, equality of legal application and legal procedures, open trial and "no one can be found guilty without trial by a people's court according to law", fully embodying the basic spirit of the Constitution and the basic requirements of criminal justice laws, and ensuring that criminal trials are conducted in strict accordance with the law.
25. Accurately convict and sentence according to law. For every criminal case, especially new types of cases, we should strictly distinguish between crime and non-crime, crime and crime in accordance with the law, so as to make the judgment firm, prudent, accurate, accurate and fair according to law. In accordance with the provisions of the criminal law, which constitutes a crime, resolutely sentenced according to law; If it does not constitute a crime, it shall be resolutely acquitted according to law. On the basis of accurate conviction, the punishment shall be determined scientifically and appropriately according to law. For difficult and complicated cases, judge carefully.
26. Correct application of sentencing circumstances according to law. Criminals who seriously endanger social order, cause great losses to the interests of the state and the people, and have legally heavier punishment circumstances must be severely punished according to law; If the circumstances of the crime are minor, the defendant who has surrendered himself, rendered meritorious service and is an accomplice shall be given a lighter punishment according to law; If there is a discretionary lenient punishment, it should also be considered according to law; For the criminal incidental civil defendant to actively compensate the victim for material losses, it can be considered as a sentencing circumstance.
27. Correctly apply non-custodial sentences according to law. For minor crimes, first offenders, accidental crimes, negligent crimes, etc. Criminals who are not deeply subjective, have less personal danger, show repentance, actively compensate for losses and obtain the understanding of the victims, so as not to endanger the society again, will be treated leniently according to law and given the opportunity to turn over a new leaf as much as possible; For those who have the conditions, non-custodial sentences such as probation, public surveillance and single punishment should be applied according to law, community correction should be done well, education, probation, rescue and transformation should be strengthened, and the return to society should be promoted.
28. Pay attention to the use of non-penalty measures. Attention should be paid to the educational and disciplinary functions of non-punitive measures. If the circumstances of the crime are minor and there is no need to be sentenced to punishment, they shall be reprimanded or ordered to make a statement of repentance, apologize and compensate for the losses, or suggest that the competent department give administrative punishment or administrative sanctions.
29. Strengthen the application and execution of property punishment. Pay attention to the function of property punishment and crime prevention, apply property punishment according to law, so that criminals will be punished economically and deprived of the conditions for committing crimes again. Increase the recovery of stolen money and goods, and minimize the losses of the country and the victims. Strengthen the coordination between criminal courts and enforcement agencies, gradually bring the execution of property punishment into the unified execution system of the people's courts, and truly implement the execution of property punishment and the recovery of stolen money and goods.
30. Further implement the public trial system. Strictly implement the trial of death penalty cases of second instance, actively create conditions, and gradually realize the trial of criminal cases of second instance. Further improve the quality of trial, pay attention to trial as the main channel to find out the facts and evidence of the case, and truly solve the doubtful problems in the identification of facts and evidence and the difficult problems in the application of law through trial. Further improve the quality of judgment documents, strengthen rationality, clarify the reasons for judgment in detail, analyze the law, and enhance the credibility of judgment.
3 1. Strict evidence acceptance system. Carefully examine the objectivity, legality and relevance of the evidence, and "emphasize the evidence and don't trust the confession". If only the defendant confessed and there was no other evidence, the defendant could not be found guilty. The confession of the defendant, the statement of the victim and the testimony of the witness obtained by illegal methods such as extorting a confession by torture shall not be used as the basis for conviction. We will improve the system for witnesses and experts to testify in court, implement economic compensation measures for witnesses and experts to testify in court, and strengthen the personal protection of witnesses and experts.
32. Full application of summary procedure according to law. The trial of criminal cases is divided into simple and complicated cases. In cases where the defendant pleads guilty, ordinary procedures are actively applied in accordance with relevant regulations to simplify the trial methods, simplify the production of judgment documents for related cases, and continuously improve the efficiency of criminal trials.
33. Give full play to the role of judicial organizations. The collegial panel shall be fully responsible for examining the facts, evidence and applicable laws, and carefully examine and check them. People's jurors participate in the trial of cases according to law, enjoy the same rights as judges, and ensure that they perform their duties according to law. When trying a case, the judicial committee shall listen carefully to the opinions of the collegial panel on the facts, admissibility of evidence and application of law, study it carefully and make a correct decision. The president and the president must perform their duties of supervision and inspection according to law to ensure that the trial organization is fair and the case is tried in higher education.
34. Strengthen the quality management of criminal trials. Establish a criminal case quality evaluation system that conforms to the laws and characteristics of criminal trials, implement a scientific and effective trial quality management system, and ensure that cases are tried according to law, and that the facts of each case are clear, the evidence is sufficient, the conviction is accurate, the sentencing is appropriate, and the trial procedure is legal.
35. Strengthen the management of trial process. We will improve various systems of criminal trial process management, strictly judge the responsibilities of each link, and clarify the rights and responsibilities. Strictly implement the provisions of the Criminal Procedure Law and the Supreme People's Court on the time limit for trial of cases, improve the trial mechanism to prevent extended detention, strictly manage the time limit for trial, prohibit extended detention, and ensure timely trial of cases according to law.
Verb (abbreviation of verb) deepens the reform of criminal trial system
36. Promote the reform of the criminal justice system. Conscientiously implement the overall objectives, basic principles and measures of the people's courts' criminal justice reform in the second five-year reform program, meet the needs of building a harmonious socialist society, start with solving the problems of judicial justice and efficiency that the people care about, continuously improve the criminal justice ability, and build a fair, efficient and authoritative criminal justice system.
37. Deepen the reform of criminal trial methods. Further improve the procedures of criminal first instance and second instance and the review of death penalty to ensure that criminal cases are tried according to law. Reform and improve the criminal pretrial procedure, clarify the different functions of pretrial procedure and trial procedure, promote and standardize activities such as pre-trial evidence display, continue to deepen trial reform, improve trial efficiency and ensure trial effect.
38. Pay attention to mediation. Strengthen the mediation of criminal private prosecution cases and other minor criminal cases, promote the reconciliation of the parties as much as possible, and strive to end minor criminal cases in the first instance. Attach importance to civil mediation in criminal incidental civil litigation cases, try our best to mediate and solve the loss compensation of the victims and protect the legitimate rights and interests of the victims.
39. Study and formulate criminal evidence rules. Standardize the activities of proof, cross-examination and authentication; Standardize and improve the criminal expert system, improve and strengthen the witness and expert system that plays a key role in the determination of case facts and sentencing, and actively explore and improve relevant supporting measures; Standardize the exclusion procedure, burden of proof and standard of proof of illegal verbal evidence, and improve the criminal evidence system.
40. Reform and improve the trial guidance system and the unified application mechanism of laws. In view of the problems that need to be solved urgently in practice, formulate normative documents to implement the criminal policy of combining leniency with severity, and clarify the scope and standards of application; Formulate sentencing guidelines for criminal cases such as death penalty cases, and establish and improve relatively independent sentencing procedures. Explore the establishment of a criminal case guidance system, timely release typical, difficult or new criminal cases that have guiding significance for ascertaining facts and applying laws, accurately interpret criminal laws and regulations and judicial interpretations by integrating theory with practice, and provide targeted and authoritative business guidance and reference.
4 1. Reform and improve the working mechanism of the judicial committee. When trying and deciding a case, the judicial committee may take the form that members of the judicial committee directly participate in the collegial panel or attend the collegial panel, which better reflects its characteristics as a judicial organization.
42. Explore the establishment of a national assistance system for criminal victims. Actively carry out national assistance to criminal victims, give appropriate financial help to victims and their relatives who have real difficulties in life due to criminal acts, and strive to minimize the losses of victims, resolve contradictions and promote harmony.
The intransitive verbs strictly control and prudently apply the death penalty.
43. We must attach great importance to the trial of death penalty cases. The death penalty is the most severe punishment for depriving criminals of their lives. It is necessary to strictly enforce the law, accurately convict, prudently apply the death penalty, unify the applicable standards of the death penalty, ensure the trial quality of death penalty cases, maintain social stability and promote social harmony.
44. Insist that the death penalty is only applicable to criminals with extremely serious crimes. Correctly handle the relationship between strict control and prudent application of the death penalty and severe punishment of serious criminal offences according to law. Fully consider the actual needs of maintaining social stability and the acceptance of society and the public. Those whose crimes are extremely serious, extremely bad in nature, extremely harmful to society and with sufficient evidence must be executed immediately according to law.
45. Implement the criminal policy of "retaining the death penalty and strictly controlling it". If there is a statutory lighter or mitigated circumstance, it shall be given a lighter or mitigated punishment according to law, and generally the death penalty shall not be executed immediately. For cases caused by the intensification of civil conflicts such as marriage and family disputes and neighborhood disputes, cases caused by the victim's wrong behavior, cases of sincere repentance and positive compensation for the victim's economic losses after the incident, etc. With the circumstances of mitigating punishment as appropriate, the death penalty should be used cautiously and executed immediately. Paying attention to the system of reprieve can not only severely punish crimes according to law, but also effectively reduce the execution of death penalty. Anyone who is sentenced to death without immediate execution will be sentenced to death with a two-year suspension.
46. Death penalty cases are tried in strict accordance with legal procedures. Improve the quality of the first and second trials of death penalty cases and do a good job in basic work.
-When trying a death penalty case, the people's court of first instance should ensure that all facts and evidence must be cross-examined and authenticated during the trial, and ensure that the facts of the case are ascertained, the law is accurately applied, and the conviction and sentencing are scientific.
-The people's court of second instance conscientiously implements the Provisions of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Trial Procedure of Death Penalty Cases of Second Instance (Trial), and all cases sentenced to immediate execution of death penalty must be heard in court, focusing on the reasons for protest and appeal, so as to ensure the expected effect. Strictly implement the work requirements of audio and video recording in the trial of death penalty cases in the second instance.
-When the people's court of first instance and the people's court of second instance try a death penalty case, the collegial panel shall request the president to submit the trial decision of the judicial committee. The Supreme People's Court reviewed death penalty cases, and the Higher People's Court reviewed cases in which execution of death penalty was suspended for two years. If the collegial panel finds it difficult to make a decision on a difficult and complicated case, it shall submit it to the president for trial and the judicial committee shall decide.
47. Review death penalty cases in strict accordance with the law. When reviewing death penalty cases, the Higher People's Court and the Supreme People's Court shall conduct a comprehensive review of the fact finding, legal application and litigation procedures of the original judgment. Members of the collegial panel shall read the papers and put forward written examination opinions. If there is any doubt about the evidence, it shall be investigated and verified, and the crime scene shall be explored when necessary. Listen carefully to the opinions put forward by the defender entrusted by the defendant, and attach the written opinions of the defender. When reviewing a death penalty case, the Higher People's Court shall interrogate the defendant; When reviewing death penalty cases in the Supreme People's Court, the defendant should be interrogated in principle to ensure the quality of death penalty review cases.
48. Fair and timely trial of death penalty cases. We must ensure that the facts, evidence, procedures and applicable laws of death penalty cases are properly examined, and every death penalty case can become an ironclad case that can stand the test of history. Criminal cases in which the conviction evidence is true, but the evidence is doubtful and affects sentencing should be considered when sentencing. On the premise of ensuring the quality of handling cases, we should strive to improve the trial efficiency of death penalty cases.
49. Do a good job in social stability. For cases of lawsuits, petitions and radical mass incidents caused by the death penalty or not, we should closely rely on the party committees, actively strive for the support of the government and relevant departments, listen carefully to the demands of visiting people, and do a good job in persuading, appeasing and stopping them in time to prevent the situation from expanding. Establish a working mechanism for emergency handling of death penalty cases, and the higher and lower courts should inform the situation in a timely manner, strive for local settlement, earnestly safeguard judicial authority, and ensure social stability.
Seven, strengthen the guidance and supervision of criminal trial work.
50. Strengthen investigation and study. Summarize the experience of trial practice in time, carry out investigation and research in a planned and organized way in view of the overall, universal and typical new situations and problems in criminal trial work, go deep into practice and grassroots, master objective and true materials, data and cases, conduct scientific and systematic analysis and research, put forward constructive, forward-looking and practical countermeasures and suggestions, and pay attention to the transformation of research results into normative guiding documents.
5 1. Strengthen judicial interpretation. According to the specific application of law problems encountered by local people's courts in criminal trials, the Supreme People's Court formulated judicial interpretations in a timely manner, unified the application and judgment standards of laws, and strived to ensure that the judgment results of similar cases in different regional courts were basically the same, and the opinions of different courts on the application of the same law were basically the same, so as to ensure the accurate application of laws and safeguard the unity of laws.
52. Effectively strengthen the guidance of criminal trial work. Establish and improve the system and related supporting measures to strengthen the guidance of criminal trial work, improve the guidance mode, focus on improving the quality and level of handling cases, and standardize the standards and procedures for handling cases. Standardize the system of asking lower people's courts for instructions from higher people's courts. Except for the applicable law, the facts and evidence of the case shall not be asked to the higher people's court.
53. Strengthen the guidance on the trial of major, sensitive and socially concerned criminal cases. Report to the higher people's court and the Supreme People's Court in a timely manner in strict accordance with the requirements of the relevant reporting system in the Supreme People's Court. The people's court at a higher level should strengthen supervision and guidance, keep abreast of the progress of the case, help solve the difficulties and problems encountered in the trial, and conduct the trial in strict accordance with the law to ensure the unity of legal and social effects.
54. Strengthen supervision over criminal trials. Actively explore ways to improve the quality and efficiency of supervision, improve the internal and external supervision mechanism of criminal trials, and reform and improve trial supervision. Further improve the effectiveness, accuracy and authority of criminal trial supervision. Do a good job in the review and retrial of criminal cases, accept criminal appeal cases according to law, and properly handle the complaints of the parties in a timely manner. Insist on correcting mistakes according to law and ensure the quality of retrial. Strengthen criminal compensation work and effectively protect the legitimate rights and interests of the parties.
55. Take the initiative to accept the supervision of NPC and its Standing Committee. Consciously accept the supervision of the constitution and the supervision law, report the work and special work of the people's courts to NPC and its Standing Committee according to law, and strictly follow the requirements of the resolution; Accept the special inspection of law enforcement and seriously carry out rectification; Accept inquiries and questions; Implement a system of judicial interpretation and filing.
56. Accept the supervision of procuratorial organs according to law. Consciously accept the legal supervision of the people's procuratorate. Seriously hearing the protest case, if the facts identified in the original judgment and the applicable law are indeed improper, and the protest reason is established, the judgment shall be changed according to law. Improve the system of procurator-general attending judicial committees as nonvoting delegates. When the judicial committee of the people's court hears a case, the procurator-general of the people's procuratorate at the same level and the deputy procurator-general entrusted by the procurator-general may attend the meeting as nonvoting delegates.
57. Correctly treat public opinion and supervision from all walks of life. Consciously accept the supervision of the people and all walks of life, including the news media, strengthen communication with the news media, further improve the news spokesman system, standardize and strengthen the case release system, grasp the correct public opinion orientation, pay attention to the social effect of publicity, and disseminate information about trial activities widely, accurately and timely through the media, so as to maximize citizens' understanding of trial procedures and results, understand the legal spirit, and create a good public opinion environment for independent and fair trials according to law.
Eight, strengthen the construction of criminal trial team.
58. Enrich and strengthen the power of criminal trial. According to the needs of the situation and tasks, constantly enrich the politically reliable, decent style, high professional level and strong professional ability to engage in criminal trial work. The selection and appointment of criminal judges should adhere to high standards and strict requirements, and should be resolutely adjusted if it is not suitable. It is necessary to ensure the proper proportion of criminal trial personnel among court staff, and pay attention to maintaining the stability of the criminal trial team, especially the business backbone.
59. Strengthen ideological and political construction. Carry out in-depth education on the concept of socialist rule of law, and further enhance criminal judges' political awareness, overall situation awareness, legal awareness and responsibility awareness. Combined with the education of socialist concept of honor and disgrace, we should establish a correct outlook on the world, life, values, power, status and interests, constantly improve the quality of professional ethics, and cultivate a fine style and character of honesty, seeking truth from facts and strict self-discipline.
60. Strengthen business capacity building. Criminal judges should strengthen their study, delve into criminal law, accurately grasp criminal policy, pay attention to the frontier trends of legal theory, pay attention to the accumulation and exchange of judicial experience, and constantly improve the level of legal theory and the judicial ability and level of handling court trials, applying laws and reasoning judgments. Organize business study and professional training in a planned way, and the accumulated training time of criminal judges is not less than 15 days each year. Centralized training for members of the judicial committees of people's courts at all levels, especially high and intermediate people's courts, is conducted in rotation every three years.
6 1. Strengthen discipline and work style. Establish and improve the team management system, gradually form a long-term mechanism for the construction of discipline style, strengthen professional quality, restrain words and deeds, strictly enforce trial discipline, improve judicial style, further standardize judicial behavior, focus on cultivating criminal judges' rigorous, realistic and impartial professional ethics, and continuously improve their professional quality.